Opinion by Judge Graffeo. Chief Judge Lippman and Judges Read and Smith concur, Judge Smith in a separate concurring opinion. Judge Pigott dissents in part in an opinion. Judge Rivera took no part. John A. Cirando, for appellant. Jason L. Cook, for respondent. District Attorneys Association of the State of New York, amicus curiae.

VICTORIA A. GRAFFEO, J.:

This premium content is reserved for New York Law Journal subscribers.